The deaf Old English Sheepdog stolen from his Alabama home was at the center of an ongoing lawsuit when he was snatched earlier this month in Baldwin County.

Rags’ former owners, Monte and Dottie Marsh, were suing Olivia Gardner in an effort to get the dog back when he was taken from Gardner’s home in Silverhill.

On Monday, the Marshes filed a motion — which was granted — to dismiss their case against Gardner, saying “the dog, named Rags [sic] was stolen” and pointing out “the story is all over the internet and TV,” according to Baldwin County Circuit Court records.

“Plaintiffs dismiss their claim to recover the dog as the court cannot effectively order the production of the dog and further litigation is useless,” the filing stated.

The Marshes filed their lawsuit against Gardner in late July, claiming they gave Rags to Gardner “to keep, own and provide for the dog as long as defendant kept the plaintiffs involved in the dogs life,” according to an affidavit in the case.

“Almost immediately the defendant kept the dog not involved in the plaintiffs’ life. and has blocked the plaintiffs from seeing or interacting with their dog. Plaintiffs own the dog,” the affidavit continued.

Meanwhile, Gardner countersued the Marshes, claiming the couple gave her ownership of the pooch because they could not care for Rags and their other dog was aggressive toward the sheepdog.

Gardner’s countersuit accuses the Marshes of malicious prosecution.

“Since June, 2023, the Marshes decided they made a mistake and have engaged in a malicious campaign of harassment of Gardner, including, calling and speaking with her employer, calling her mother and accusing her mother of lying about the aggressiveness of their other dog which Gardner’s mother had witnessed,” the counterclaim alleged.

“The Marshes have engaged in this lawsuit maliciously as they are aware that they gave Rags to Gardner freely, there was no agreement for any visitation with Rags, and knowing that Gardner does not have a high income, deliberately and with malice, placed an unnecessarily high bond on a non-purebred dog without significant monetary value,” it went on to claim.

Rags was stolen Dec. 8 while Gardner was at a local Christmas parade. Home security video shows the thief simply walking through the front door and a moment later leaving, leading the dog by its collar.

The Marshes denied any involvement in the theft to WKRG, which reported that authorities believe Rags is possibly being held out of state.

Gardner’s boyfriend was home at the time, but didn’t think anything was amiss when the front door opened, according to WEAR, but when it closed a second time he became suspicious and discovered the dog missing.

Initially, they thought Rags had somehow gotten out and run off, but Rags had a GPS-enabled collar which led them to an intersection in Fairhope. Rags’ collar was there, but not Rags.

Gardner, who is a veterinary technician, has been seeking donations in order to offer a cash reward for Rags’ return. By Friday morning, the amount raised through a GoFundMe page and the Venmo account of a local rescue, Paw and Order Rescue Ranch, had reached $3,000.

“I’m not one to ask for handouts, especially during the holiday season, but whoever has information on the trash human who took my boy might just bring him back home to me with a cash offer,” Gardner wrote.

This still shot taken from home surveillance footage shows the suspect who walked into a Silverhill home last Friday and stole the family’s deaf dog.(Facebook image)

Silverhill police are investigating the theft, but have not identified a suspect. The thief was wearing a ski mask in the video. He is also seen in what appears to be a hoodie with GOAT across the front, warm-up style pants and white sneakers. It’s also been noted by those seeing the video the suspect has a tattoo on his left wrist.

Gardner also noted there is little in monetary gain to be had from stealing Rags, who is not only deaf, but neutered.

While Gardner and her family are heartbroken at Rags’ theft, she is gratified by the outpouring of community support.

“I know Rags is out there, I know he is wondering where I am,” she wrote Friday. “I won’t stop until I have him home. There’s nothing in this world I love more than my animals and family. There are so many unanswered questions and theories. All I can say is, please be kind. I am enraged that this has happened more than anyone could even imagine, and so is my family. All that I ask is that you all keep looking and listening. Share the posts, talk with your neighbors, and keep an eye out.

“I know Rags is out there and he is ready to come home to his family. If you know anything please call the police or reach out to me. We just want our boy home.”

Anyone with information on Rags or the person who stole him is asked to contact the Silverhill Police Department at 251-945-5200.